29 results for 'judge:"Kendall"'.
J. Kendall denies the suing refurbished electronics dealer’s motion for sanctions and an injunction against the refurbished electronics shop it is suing. The suing dealer accused the other shop of filing false complaints about its products so as to disrupt its business, but the court finds the suing dealer has not provided sufficient evidence to back up those claims.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 8, 2024, Case #: 1:20cv6258, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, Interference With Contract
J. Kendall grants an elevator mechanic union’s motion for summary judgment on a union member’s claims against it. The union member claims the union actively sabotaged his attempt to win his job back from his former employer, and protected the discriminatory behavior by his former employer that resulted in his termination. The court finds that all available evidence points to the union making a good faith effort to help its member, despite his claims to the contrary.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:20cv7696, NOS: Labor/Management Relations - Labor, Categories: Employment Discrimination, Labor / Unions, Labor
J. Kendall denies a group of turkey processors’ motion for summary judgment to dismiss an investment firm from this longrunning litigation over alleged turkey product price-fixing. The investment firm never bought any turkey products from the processors, instead having simply bought the antitrust claim from a now-bankrupt national food distributor years ago. The turkey processors argue this is champerty forbidden by state law, and that allowing the investment firm to continue in the suit despite merely speculating on the case’s outcome will greenlight litigation funders to further purchase claims and pursue them for profit. The court is unconvinced, finding nothing wrong with the investment firm’s litigation, as it is itself owned by another capital firm litigation funder.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:19cv8318, NOS: Antitrust - Other Suits, Categories: Antitrust, Banking / Lending, Contract
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J. Kendall partially grants a food company’s motion to dismiss a consumer fraud class action. A class of consumers sued the food company after they bought its “Certified Sustainably Sourced” fish products, only to discover that the company employed a non-ecofriendly “pelagic trawl” fishing method that indiscriminately captures everything in the path of a net the size of two football fields. The court will allow the class’s fraud and state-level claims to move forward, but denies their motion for an injunction against the company’s unsustainable fishing practices. The court argues that because the class is now aware the company’s fish is unsustainably sourced, “any future harm is too speculative to support standing for injunctive relief.”
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 25, 2024, Case #: 1:23cv1298, NOS: Contract Product Liability - Contract, Categories: Environment, Fraud, Class Action
J. Kendall grants an animal medicine manufacturer’s motion to transfer this sex discrimination and employment retaliation suit to the the District of North Texas. The court finds that many relevant events in the case occurred in Texas, and most of the non-party witnesses live there, making venue transfer appropriate.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 25, 2024, Case #: 1:23cv5273, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Kendall accepts, in this long-running multidistrict communications antitrust case, the court-appointed special master’s report and recommendation regarding pending motions over a collection of telecom companies’ privilege log entries. The suing businesses accuse the telecom companies of conspiring to artificially inflate the price of broadcast television spot advertisements. Against those telecom firms’ objections, the court accepts the special master’s finding that they “failed to meet their burden to tether ... documents to client confidences or responses to requests for legal advice.”
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: January 16, 2024, Case #: 1:18cv6785, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Communications, Discovery
J. Kendall declines to dismiss a RICO suit against a collection of real estate brokers and their associated businesses, who are sued by people who bought run-down properties from them. The court finds the property buyers have suitably alleged that the brokers, rather than selling the buyers properties from “long-standing owners,” actually controlled the properties they were selling through their own business entities. The court also finds the buyers have suitably alleged that the brokers were selling the properties at marked-up rates without disclosing that many of the buildings were not up to code.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: December 6, 2023, Case #: 1:23cv1182, NOS: Insurance - Contract, Categories: Fraud, Real Estate, Racketeering
J. Kendall partially grants Walgreen’s motion to dismiss fraudulent inducement and contract breach claims brought by an electronic accessories company. The accessories company claims it paid Walgreen's to place its products in “premium” locations of Walgreen’s stores, but underlying contract disputes sullied the arrangement. The court mostly allows the accessory company’s contract claims to go forward, only dismissing a portion of one claim dealing with Walgreen’s alleged failure to pay for “sold and delivered” goods.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 30, 2023, Case #: 1:23cv303, NOS: Other Contract - Contract, Categories: Fraud, Interference With Contract, Contract
J. Kendall denies a freight company’s motion to compel arbitration in a fraud and wage theft case brought by former drivers, and partially grants its motion to dismiss the case. The drivers, when contracting with the freight company, were paid based on the gross revenue of the shipments they transported. They claim the company deliberately underreported the gross revenues in order to underpay them. The court finds the drivers are not contractually bound to submit their claims for arbitration, but also finds that they have not suitably alleged their state-level fraud claims. The claims relating to truth-in-leasing, wage underpayment and breach of contract all survive.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 22, 2023, Case #: 1:22cv5690, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Contract, Labor
J. Kendall grants a consulting firm and its president’s motion to dismiss in this employment contract lawsuit brought by a former regional sales leader. The unjust enrichment, Illinois Wage Payment and Collection Act violation and retaliation claims are dismissed with prejudice because he fails to allege a contract or employment agreement. Therefore, those claims could not survive a third motion to dismiss. The breach of contract and fraudulent misrepresentation are new claims to be dismissed without prejudice, therefore these claims can be amended by a second complaint by Nov. 20, 2023.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: October 30, 2023, Case #: 1:22cv6988, NOS: Employment - Civil Rights, Categories: Employment, Contract, Employment Retaliation
J. Kendall partially grants a charter school's motion for summary judgment on one of its former teachers' disability discrimination claims. The teacher alleges the charter school fired her in retaliation for taking approved FMLA leave, bringing five related ADA and FMLA claims. the court tosses the teacher's failure to accommodate claim, but leaves the other four standing.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:21cv5013, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Kendall partially grants a law enforcement standards board's motion to dismiss due process claims brought by a fired state sheriff's deputy, but also partially grants the ex-deputy's motion for a preliminary injunction against the standards board. The board decertified the deputy amid a pending investigation into his alleged use of cocaine, and while the court dismisses several of the deputy's due process violation charges for failure to state a claim, it also commands the board to recertify him.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:23cv1905, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Injunction
J. Kendall grants the defendant insurance company's motion for summary judgment, and denies the plaintiff insurance company's cross-motion for summary judgment, over who has a duty to defend a construction company in an underlying contract suit. The court finds the defendant insurance company has no such duty to defend.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 25, 2023, Case #: 1:20cv992, NOS: Insurance - Contract, Categories: Construction, Insurance, Contract
J. Kendall partially grants an insurance company's motion to dismiss a class action brought by Black policyholders who argue the company submits their insurance claims to greater scrutiny and makes them wait longer for payouts compared to white policyholders. The policyholders brought several of their claims under the Fair Housing Act, arguing that the company dragging its feet on honoring its Black customers' policies has left those customers facing homelessness or dangerous living conditions. But the customers have not "connected the dots" between their homes' damages and the insurance company's actions. The policyholders' other charge, that the insurance company's AI-driven claims processing system has inherent anti-Black bias, survives.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 11, 2023, Case #: 1:22cv7014, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Insurance, Class Action
J. Kendall partially grants a putative class’ motion to impose spoliation sanctions on a telecommunications company for its failure to preserve information relevant this antitrust case over the 2017 attempted merger of the Sinclair Broadcasting Group and Tribune Media Company. The court, finding that the telecommunications company didn’t preserve several important documents and electronic records after it had a duty to do so, grants fee shifting sanctions against the company. The class has until Sept. 21 to file their fee petition, while the telecommunications company has until Oct. 5 to file any objections.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: August 30, 2023, Case #: 1:18cv6785, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Sanctions, Negligence
J. Kendall partially grants the EEOC's motion for summary judgment on an industrial packaging company's affirmative defense in this ADA violation suit, and denies the packaging company's motion for summary judgment on all the EEOC's claims. The EEOC claims the packaging company failed to accommodate a disabled employee, and then fired him over it. The EEOC met its pre-suit obligation to attempt conciliation with the company.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 27, 2023, Case #: 1:21cv5552, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Kendall grants the plaintiff auto parts manufacturer's motion to partially dismiss the defendant auto parts manufacturer's patent counterclaims. The plaintiff manufacturer accuses defendant of infringing on its patents for plastic automobile fasteners, and in response defendant filed counterclaims alleging plaintiff's patents are unenforceable. Several of those counterclaims are dismissed, as defendant has failed to state a claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 24, 2023, Case #: 1:20cv5416, NOS: Patent - Property Rights, Categories: Fraud, Patent, Business Practices
J. Kendall grants the Chicago Art Institute’s motion for summary judgment on national discrimination claims brought by a former employee who is a Spanish national. The Spain-born employee helped manage the Institute’s financial capital projects, but her superiors criticized her for a lack of clarity in her communications and eventually fired her. She decried this as an example of discrimination for her status as a non-native English speaker, but the court finds she has offered insufficient evidence to support this claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 10, 2023, Case #: 1:19cv5105, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kendall partially grants an insurance company’s motions to dismiss, sever and transfer insurance class action claims brought by a class of motorists in 47 states who totaled their vehicles and then claim to have been defrauded by the company’s negotiation policies. The court severs several of the claims and transfers a handful of others to out-of-state federal districts, but otherwise denies the dismissal motions.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 21, 2023, Case #: 1:22cv1422, NOS: Insurance - Contract, Categories: Fraud, Insurance, Class Action
J. Kendall grants a bank’s motion to dismiss breach of good faith and fraud counterclaims brought against it by an audiovisual services company in this ongoing contract suit over the AV company’s alleged failure to pay back its bank loans. The court finds nothing about the bank “sweeping” some of the AV firm’s federal Covid-19 relief funds to pay down its outstanding loans constitutes bad faith, fraud or negligent misrepresentation.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 16, 2023, Case #: 1:21cv5419, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract
J. Kendall partially dismisses a fraud class action against GM. The class representative’s vehicle broke down after he filled the tank with 85% ethanol fuel, and he claims the manufacturer never warned him that this could happen as a result of using that kind of gas. The court dismisses the class’s unfair conduct claim, but allows its fraud and deceptive omission claims to proceed.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 2, 2023, Case #: 1:22cv3862, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Class Action
J. Kendall partially grants a web design entrepreneur’s motion for attorney fees from an underlying fraud suit brought against him by his former employer. The entrepreneur prevailed on summary judgment in that case, and now the court finds he is due roughly $17,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:20cv5709, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Attorney Fees
J. Kendall partially denies a bitcoin mining rig manufacturer’s motion to dismiss contract and fraud claims brought against it by bitcoin miners unhappy with its products. The court finds, despite the manufacturer’s assertion otherwise, that it does have subject-matter jurisdiction over the case. However, the court also construes the manufacturer’s claim of improper venue as a motion to compel arbitration and grants it.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:22cv7121, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract